• Journal of Information Technology Services
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• v.12 no.3
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• pp.151-163
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• 2013

It is no doubt that information technology is the key factor of national safety. Information technology is positively useful for national security such as crime prevention and detection, criminal investigation, disaster management, and national defense. However, it might be a threat to the security as we saw in the examples such as '3.4 DDoS attacks' and 'Nong-hyup Computer Network Failure.' Although the effect that information technology makes upon the national security is immense, the current legal system does not reflect these changes well. National security should be kept during 'prevention-response-recovery' process regardless it is in the online on offline. In addition, public administration for national security should be based on laws. However, the current legal system is lack of legislative basis on cyber and physical disaster, and the laws on the response to disaster might cause confusing. Therefore, this study examines the limitation of the current legal system on national security, and suggests directions for the development of the system based on the new establishment of the legal concept for 'national security'.

• International Journal of Computer Science & Network Security
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• v.21 no.8
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• pp.51-54
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• 2021

The article is devoted to the study of the features of administrative liability for offenses in the informational sphere, the definition of the concept and features. Based on the examples of implementation of instruments of European legislation into the national legal system and examples of national legal practice, the authors have identified the features of informational and legal sanctions aimed at restricting the rights of access of subjects to information, prohibiting them to disseminate certain information, restricting the rights to disseminate certain information, and suspending informational activities. It has been substantiated that the administrative liability for informational offenses as a protective legal institution is created to contribute to the solution of such acute problems of legal support of human and society interests in the new informational dimensions.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2014.10a
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• pp.363-365
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• 2014

Internet baking, e-commerce, business processing, etc on smartphone handing could be possible in present days. Ambiguity between cyber and real life has made vulnerability on infrastructure, Gov't Service and National security by cyber terrorism. Especially, Lots of Infrastructure and Gov't Service based on Information Technology were exposed by Cyber terror. Legal system should be improved to keep from these threats. This paper proposed needs of cyber legal system by analyzing proposed cyber related code on Korean National Assembly, issue on Cyber Control Tower, National Cyber Security Industry and Human resource.

• Convergence Security Journal
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• v.13 no.4
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• pp.3-10
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• 2013

Cyber attacks are threats to national security. Today, cybersecurity threats have various types, the theft or spread of privacy and national secret, the realization of direct attacks to infrastructure and the hacktivism with political or social objectives. Furthermore, There are special situations in South Korea because of North Korea's threats. Thus, It is necessary to handle cybersecurity as a kind of national security problem. It is a time to identify problems of governance system in cybersecurity and to improve related Acts and subordinate statutes. There are several tasks for legal improvement for governance system in cybersecurity. They are improving legal bases for the roles of the relevant authorities in cybersecurity, consolidating national joint response to cyber accidents, establishing and vitalizing information sharing system, constructing foundation of cybersecurity through industry promotion and manpower development, and acquiring defensive tools by enhancement research an development. In order to address these challenges, it is necessary to pay much attention to enactment and to revision laws and to practice legislative procedure.

• Korean Security Journal
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• no.44
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• pp.251-278
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• 2015

Registered security guards carry out police duties as civilian police who are in charge of security service, and so they have a two-fold status: a civilian in terms of a social standing and a policeman in the way that they execute the authority of security. The problem caused by this legal position is that their legal rights and obligation can be unclear in the task-action and working relationship. This paper attempts to study their functions, rights, and legal duties through the interpretation of the related positive law so as to reveal the problems that may spring from this ambiguous status of registered security guards. This endeavor illuminates their legal status specified in the positive law in and around the Act on the police assigned for special guard, observing their functions and the legal duties in the pursuit of their tasks, and ending up pointing out the problems of the positive law. As a result of research work, the most significant problems, even if multifarious, are the avoidance of the state reparation in the responsibility for the illegal behavior in connection with their operation; the unconstitutionality of the disciplinary punishment regulation originated from the entrust with full powers; the imperfection of the rules about the cooperative ties with the police; the possibility of human rights abuse caused by the ban on the labor dispute; the equality problems from the dual pay system; and the inadequacy of the codes about the recruitment qualification and method. This research is intended to help achieve the purpose of the security of national critical facilities through the smooth execute of duties as well as the protection of the guards' rights. Besides, the key focuses posed in this paper are worthy of being developed more accurately through the following researches.

• International Journal of Computer Science & Network Security
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• v.22 no.5
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• pp.284-288
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• 2022

The article analyzes the regulations of current criminal law, which ensures the protection and protection of information relations, offers the optimal model of the system of norms of the Criminal Code of Ukraine, which establishes liability for violation of information. The subject of the article is protected information, which should include information or data, the procedure for access to and distribution of which, regardless of the method of submission, storage or organization, are subject to legal regulation in accordance with laws and regulations. For the purposes of criminal law, information as an object of criminal law protection should be classified on the following grounds: depending on the content: personal or family secrets; information constituting a state secret; data included in the official secret; information that constitutes a professional secret; information that constitutes a commercial, tax, banking secret, and, depending on the medium - documented and undocumented.

• International Journal of Computer Science & Network Security
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• v.23 no.12
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• pp.175-180
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• 2023

The main purpose of the study is to identify the key aspects of the formation of legal and professional competence of students of higher educational institutions in the context of the COVID-19 pandemic. The modern system of public relations tightens the requirements for the professional and legal competence of specialists in all spheres of life. The development of a unified nationwide strategy in the field of education focused on the formation and development of young people's skills for life in the information society, is aimed at finding ways to form an active position of a future specialist, developing an experience of a holistic understanding of the professional activity, systemic action in solving new problems and tasks. The methodology includes a number of theoretical methods. Based on the results of the study, the main elements of the formation of legal and professional competence of students of higher educational institutions in the context of the COVID-19 pandemic.

• Korean Journal of Social Welfare
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• v.61 no.3
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• pp.5-28
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• 2009

The purpose of this study is to examine the legal attribute of subsidiarity principle on the National Basic Livelihood Security Act. The principle of subsidiarity is applied to the regulation for 'fundamental principle of benefits' on the National Basic Livelihood Security Act, therefore it functions as legal theory. However, due to its both positive and negative characteristics it becomes to be interpreted and applied in a different meaning depending on the normative characteristics of related laws. In brief, as the passive meaning of subsidiarity principle guarantees the freedom of civilian by limiting national power, it is reasonable in social control norm like criminal law. However, as nation's active role of intervention and support is required in order to protect basic standard of human life according to the principle of Social(welfare)State, the active meaning of subsidiarity principle is reasonable in Social Security law, especially in public assistance. Hence, the principle of subsidiarity on the National Basic Livelihood Security Act becomes to realize, justice, goal fitness and legal stability when it is operated by system with interpreting in an active meaning.

• International Journal of Computer Science & Network Security
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• v.21 no.12spc
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• pp.521-525
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• 2021

An essential area is the creation of a single digital market between the EU and Ukraine through information technology. Purpose: to investigate and analyze civil law relations in the field of adaptation of Ukrainian civil law to civil law regulations of the EU. The object of research: Ukrainian civil law and civil law of the EU. The subject of the study is civil law in the context of adaptation of civil law to the legislation of the EU. The following methods of scientific cognition were used during the research: semantic, historical, comparison, analysis and synthesis, generalization. The results of the study show that the harmonization of the legal system of Ukraine with EU law is caused by several goals: successful integration of Ukraine into the EU, legal reforms based on the positive example of EU countries, promoting access of Ukrainian enterprises to the EU market; attracting foreign investment, increasing the welfare of Ukrainian citizens. The adaptation includes three stages, the final of which is the preparation of an expanded program of harmonization of Ukrainian legislation with EU legislation. In the process of adaptation, it is important to take into account the legal history, tradition, features and mentality of Ukraine and before borrowing legal structures to analyze the feasibility of their application in the Ukrainian legal field.

• International Journal of Computer Science & Network Security
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• v.21 no.5
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• pp.113-120
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• 2021

The adoption of the General Data Protection Regulation (EU) 2016/679 transformed approaches and concepts to the implementation of the personal data protection mechanism in the European Union. Within the EU, almost all countries have adapted a new protection mechanism, which requires a study of the specifics of its use. The article intends to assess the legal provisions of the current mechanism of personal data protection in the EU. The author studied the mechanism of personal data protection under the General Data Protection Regulation (EU) 2016/679 (GDPR) based on the concept of contextual integrity and analysis of EU legislation on personal data protection. The scientific publications for 2016-2020 were reviewed for the formation of ideas of a new personal data protection mechanism in the EU, informative and transparent analysis of legal provisions. The article notes that the personal data privacy and protection is increasing, there is an ongoing unification of the legal status of personal data protection and the formation of a digital market for dissemination, exchange, control, and supervision of data. Cross-border cooperation is part of the personal data protection mechanism. The author proved that the GDPR has changed approach to personal data protection: the emphasis is now shifting to the formation of a digital market, where the EU's role in ensuring regulation is crucial. The article identifies the emergence of a new protectionist legal system and strengthening of legal provisions regarding privacy. This legal system needs unification and harmonization in accordance with national legislation, is territorially fragmented and differentiated within the EU.